MAHLBERG v. PINCH-A-PENNY INC.

    Plaintiff

    • Name: Raymond T. Mahlberg
    • Filing date: January 20, 2021
    • State of filing: Florida

    Defendant

    • Name: PINCH-A-PENNY INC.
    • Website: www.pinchapenny.com
    • Industry: Leisure Products
    • Summary: Pitch-A-Penny Pool, Patio, and Spa sells, installs, and services swimming pools, spas, whirlpools, and related products.

    Case Summary

    On January 20, 2021, Raymond T. Mahlberg filed a Complaint in Florida Federal court against PINCH-A-PENNY INC.. Plaintiff Raymond T. Mahlberg alleges that www.pinchapenny.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    Website is not designed with substantial consideration for WCAG, 2 Accessible Rich Internet Applications (ARIA) software language and Universal design . The World Wide Web Consortium (the principal standards-setting body for the web) has issued a set of "Web Content Accessibility Guide-lines" (WCAG) to assist developers in making their websites accessible to blind people and other individuals with disabilities.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. §12181

    Plaintiff seeks the following relief by way of its Complaint:

    • That the Court issue a Declaratory Judgment that determines that the Defendants' website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
    • That the Court enter an Order directing Defendants to continually update and maintain their computer version of the defendant’s website and TOPGOLF'S website to ensure that it remains fully accessible to and usable by visually impaired individuals
    • That the Court issue an Injunctive relief order directing Defendant to alter their website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
    • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs Defendant to take all steps necessary to brings its mobile e-commerce application into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its mobile application is fully accessible to blinds individuals, 
    • That the Court enter an Order directing Defendant to evaluate and neutralize their policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendants to undertake and complete corrective procedures
    • That the Court enter an award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205; and Title III of the ADA Section 36.505.

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